I & I Holding Corp. v. Gainsburg

Plaintiff moved to strike out the third, fifth and sixth defenses contained in the answer as insufficient in law. The court, however, found the complaint bad for failure to allege *551sufficient consideration and dismissed it without leave to amend. It accordingly held that it was unnecessary to pass upon plaintiff’s motion to strike out the defenses.

The action was brought to recover upon defendant’s written pledge of $5,000 made to Beth Israel Hospital. The charitable subscription signed by defendant reads as follows: “ To aid and assist the Beth Israel Hospital Association in its humanitarian…